The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN
JENNIFER M. GRANHOLM, ATTORNEY GENERAL
SECRETARY OF STATE:
TOWNSHIPS:
Date on which township achieves charter status when incorporated by board resolution rather than by referendum
A general law township which resolves to incorporate as a charter township under section 3a(2)(b) of the charter township act, becomes a charter township upon the adoption of an incorporation resolution, not upon the subsequent filing of such resolution with the Secretary of State.
Opinion No. 7038
November 2, 1999
Honorable Ken DeBeaussaert
State Senator
State Capitol
Lansing, MI 48909-7536
You have asked whether a general law township which resolves to incorporate as a charter township under section 3a(2)(b) of the charter township act, becomes a charter township upon the adoption of an incorporation resolution, or upon the subsequent filing of such resolution with the Secretary of State.
Information supplied with your request indicates that a general law township, through its township board, adopted a resolution to incorporate the township as a charter township. A question has arisen as to whether the township acquired its status as a charter township upon adoption of the resolution or at a later date when the resolution was filed in the offices of the Secretary of State.
The charter township act (Act), 1947 PA 359, MCL 42.1 et seq; MSA 5.46(1) et seq, authorizes the incorporation of charter townships and prescribes their powers and functions. Until 1976, a general law township, in order to become a charter township, was required to obtain the approval of township electors. Sections 2 and 3. If a referendum is held and the vote favors incorporation as a charter township, the township clerk "shall file with the secretary of state" a copy of the proceedings. "[F]rom the date of such filing, the township shall be duly and legally incorporated as a charter township." Section 2.
In 1976, section 3a of the Act was added to authorize general law townships which met a minimum population criteria1 to become charter townships by resolution of the township board and without the necessity of a referendum. The procedure is described by section 3a as follows:
(1) [A]fter each . . . census, the secretary of state shall notify the clerk of a township which is not incorporated as a charter township . . . [having] a population of 2,000 or more . . . that the township may be incorporated as the charter township of . . . under this act.
(2) After notification is received by the clerk, the township board may:
(b) Adopt, by a majority vote, a resolution of intent to approve incorporation and if a petition of disagreement to the intent resolution relative to the incorporation is filed within 60 days before final passage of the resolution, the electors of the township have the right to a referendum on the incorporation question.* * *
Section 3a(3) requires the township clerk to publish the notice of the right of referendum. Section 3a(4) requires a referendum on the charter proposal if a petition is filed, signed by not less than the number of township voters equal to 10% of the "number of electors of the township voting for township supervisor at the last election in which a supervisor was elected." If a referendum is held and the vote favors incorporation as a charter township, the township clerk "shall file with the secretary of state" a copy of the proceedings. "[F]rom the date of such filing, the township shall be duly and legally incorporated as a charter township." Section 2.
Where no referendum takes place, however, the Act contains no requirement that a township board resolution approving incorporation as a charter township must be filed with the Secretary of State. This is in contrast to section 2 of the Act which requires that charter township incorporation papers, including election results, must be filed with the Secretary of State where the determination to become a charter township is by referendum. Under the doctrine of expressio unius est exclusio alterius, express mention in a statute of one thing implies the exclusion of other similar things. People v Lange 105 Mich App 263, 266; 306 NW2d 514 (1981). Where certain things are specified in a statute, the intention to exclude all other things from its operation may be inferred. Eyde v Lansing Twp, 109 Mich App 641, 645; 311 NW2d 438 (1981), aff'd 420 Mich 287; 363 NW2d 277 (1984). Applying these principles of statutory construction, it must be concluded that the absence of any filing requirement for charter townships established by resolution evidences the Legislature's intent that filing of the incorporation resolution with the Secretary of State is not a prerequisite to such township achieving status as a duly incorporated charter township.
It is my opinion, therefore, that a general law township which resolves to incorporate as a charter township under section 3a(2)(b) of the charter township act becomes a charter township upon the adoption of an incorporation resolution, not upon the subsequent filing of such resolution with the Secretary of State.
JENNIFER M. GRANHOLM
Attorney General
1 The minimum population is currently 2,000 or more inhabitants.